End User License Agreement
This End User License Agreement ("EULA") governs your use of the "HiCal" service ("Service") provided by Yugo NAKAGAWA and Vincent LEPORCHER ("HiCal Team"). Please use the Service after having agreed to this EULA.
Article 1. Common definitions
- The "Service" means the service managed by HiCal Team and the related services.
- The "Application" means the mobile application, including the contents of the Service.
- The "Website" means the www.hicalapp.com website, associated with the Application.
- The "Content" means the characters, sounds, pictures, software, source code, updates (including the Contributions defined below) made available in the Service.
- The "Users" means all the individuals using the Service.
- The "ID" means the sequence of characters unique to an User, owned to use the Service.
- The "Password" means the secret code, set by the User and associated with an ID.
- The "Contribution" is any text, sequence of characters, picture, comment and other data published by an user.
- The "Personal Data" is the email address and any other data allowing to identify an individual.
- The "Profile" is all the informations registered by an User (excluding the Contributions).
Article 2. Agreeing to the EULA
- The User must agree to the EULA to use the Service.
- As soon as the User has downloaded the Application on the User's smartphone or other computing device, and has performed the EULA agreement procedure, the User recognizes having read and understood this EULA, and agrees to be bound by it in its entirety. If the User does not agree to the EULA, the User should not use all or part of the Service.
- In exchange of the authorization to access and to use the Service, the User declares to be at least of the required minimum age in the User's country to be able to use the Service without authorization of a parent or legal guardian.
- Besides the required minimum age to be able to use the Service under applicable laws, if the User is too young to be able to agree to the Conditions in the User's country, a parent or a legal guardian must agree to the EULA on the User's behalf.
Article 3. Changes to the EULA
- HiCal Team can change the content of the EULA at any moment, without having to obtain agreement from the Users.
- HiCal Team notifies these changes by putting online the modified version of the EULA on the Website.
- The changes come into effect as soon as the notification has been performed by HiCal Team, in accordance with the previous clause.
- The use of the Service by the User after a change of the EULA, indicates agreement without objection to the modified EULA.
Article 4. Free Service
Registration to and use of the Service are free of charge: there is no paid supplementary service at all. HiCal Team does not earn, due to the Service, any direct nor indirect revenue or profit, including advertising revenue.
Article 5. Registration procedure
- In order to use this Service, the User has to create an account on HiCal from the Application, in the way defined by HiCal Team, by providing true, exact, up-to-date, complete and precise informations.
- The User agrees to receive a Password reset email at the User's request, and, exceptionally, any possible important notifications by email.
- HiCal Team can refuse the registration of an User, and proceed to the suspension or deletion of the User's account, in the following cases.
- The User has proceeded to registration in a way that was not defined by HiCal Team.
- The User has had his/her account deleted in the past, for non-compliance with the EULA, or any other set of rules defined by HiCal Team.
- HiCal Team deems that there are reasonable grounds to suspect that the User has registered by entering false, non exact, obsolete or incomplete informations.
- The User has entered another individual's informations to register.
- Other cases deemed inappropriate by HiCal Team.
Article 6. Account management
- The User registers in a optional way, and manages under the User's own responsibility, the User's Profile data. The User is responsible for the confidentiality of the Profile, and must not let a third party use these data, nor lend, nor transfer, nor sell these data.
- HiCal Team can consider, when the Service is used by some Profile data, that it is used by the individual who registered these Profile data. The consequences, and the responsibility for the consequences of such an use lies with the individual having performed the registration, no matter if the individual is aware or not of such use.
- When damages or losses are suffered by HiCal Team or a third party because of an inappropriate use of Profile data, the User is responsible for compensating these damages or losses to HiCal Team and the third party.
- Keeping the Profile data up-to-date is under the responsibility of the User. For the prejudice, damages and losses suffered by the User due to falsehood or inaccuracy of Profile data, HiCal Team declines any responsibility.
- When the User finds out that the User's Profile data have been stolen, or that they are being used by a third party, the User must immediately warn HiCal Team and follow the instructions given by HiCal Team.
- If the User wishes, the User can put an end to any use, and delete the User's account from the Service by contacting HiCal Team, in the manner described in the article "Means of communication".
Article 7. Processing of Personal Data
Consent for the use of Personal Data
The User authorizes and consents to the collect, storage and use by HiCal Team, of any Personal Data linked to or derived from the User's use of the Service, and of any other Personal Data that the User communicates to HiCal Team. The Personal Data are collected, saved, used and processed by HiCal Team only to provide the Service, to provide customer service, to prevent an unauthorized use of the Service, for the operation, maintenance and improvement of the information system, to reply to the messages and inquiries of the User, compile and publish anonymous statistics, analyze these statistics to improve the Service, and for other goals for which the consent of the User is obtained separately from this EULA.
Storage and deletion of Personal Data
The Personal Data are stored as long as necessary. The User can exercise his/her right to erasure of the User's Personal Data by contacting HiCal Team, in the manner described in the article "Means of communication".
Transmission of Personal Data to third parties
HiCal Team can provide the Personal Data of the User to a third party, in the aforementioned goals, in the following cases:
- In the case where the User's prior consent has been obtained
- To comply to legal obligations, and in other cases authorized by applicable laws
Article 8. Restrictions
In the context of the use of the Service, HiCal Team prohibits the Users from performing the following actions (and from allowing a third party to perform the following actions). If HiCal Team deems that the User has violated a prohibition or the EULA, HiCal Team reserves the right to proceed immediately to the suspension or deletion of the account, deletion of Contributions, or to apply any other sanction deemed necessary, at any time, without prior notice and without engaging HiCal Team's responsibility.
- Violation of the intellectual property of HiCal Team or of a third party
- Reverse engineering, disassembling, attempting to derive a source code by other means
- Selling, assigning, transferring the rights on the Service and Contents, and the access to them
- Unauthorized commercial use or redistribution of a HiCal Team content, software or product
- Offensive or shocking action, including discrimination against or insult to HiCal Team or a third party
- Violation of property rights, or action possibly infringing property rights of HiCal Team or a third party
- Action causing an economic damage or loss to HiCal Team or a third party
- A threatening action against HiCal Team or a third party
- Publishing, by the User, of a Contribution corresponding to one of the following cases
- Contribution that risks causing a damage or loss to the rights or goods of a third party, such as the rights for privacy and the copyright
- Contribution that is harmful to a third party, Contribution that causes physical or psychological wounds to a third party
- Contribution being a criminal, illegal or dangerous behavior, or encouraging or helping such behaviors
- Contribution having an intention, or which content can have as a consequence an action, being: illegal, harmful, threatening, abusive, discriminatory, defamatory, prejudicial to honour or reputation, insulting, of harassment, stalking, of provocation, placing in an uncomfortable situation
- Contribution containing an information which the User knows being false or nonexistent
- Contribution for which the User does not have enough rights
- Contribution violating intellectual property rights, including copyright, of a third party, Contribution violating property rights, Contribution violating public interest or individual rights
- Contribution containing a picture or text which is inappropriate, obscene, indecent, blasphematory, pornographic, or illicit, or of child abuse
- Contribution violating the French "Code of Public Health" (Code de la santé publique) or any other applicable laws
- Other Contribution deemed as inappropriate by HiCal Team
- Use, or action causing the use, of a computer virus or a program designed to cause damages on a third party's property, to suspend, destroy or limitate the operation of any software, computing device or any other telecommunications equipment
- Probing, analysis or tests of vulnerability, or breach of security or authentication measures of the Service
- Action causing the alteration or deactivation of the Service, or interfering with the use and enjoyment of the Service by another User or third party
- Action causing over a period of time an extreme load, greater than a load that can be caused reasonably by a human being over the same period of time, on the infrastructure supporting the Service.
- Attack against the server, the system or the security of the Application or of the Website
- Attempt to obtain informations or to access the Service by other means than the interfaces intentionally put into place or provided by HiCal Team
- Gathering or collecting informations on other individuals, in particular email addresses, without their consent
- Action causing prejudice to a minor
- Obtention of several IDs by the same single individual
- Identity theft, or false declaration, claim to be affiliated with an individual or an entity
- Use of the Service to perform a pyramid scheme, multi-level marketing, or similar solicitations
- Use of the Service to prepare or perform an illicit action
- Other violations of applicable laws or regulations
- Other behaviors deemed inappropriate by HiCal Team
Article 9. Content processing
- Any right on the Content made available in the Service belongs to HiCal Team. HiCal Team grants a license of use of the Service to the User, in a revocable, personal, non-transferable, non-sublicensable, non-exclusive way.
- The User shall not copy, send, transfer (including sales between Users), grant a security interest, lend, lease, translate, create a derivative work, reproduce without authorization, make a secondary use, make a commercial use, remove, alter or conceal any proprietary notice, modify, improve, disassemble or attempt to derive the source code, proceed to reverse engineering of all or part of the Content, including the Application and the updates of the Application, and by whatever means, outside the context of use intended by HiCal Team.
- The User shall not make the Application available on a network or any other environment allowing the access to or use of the Application by several devices or users simultaneously.
- Despite the clause 1, in the case where the User has lost his/her quality as User, due to account deletion for example, he/she renounces to the license of use granted over the Content.
- The Users shall make Contributions without violating the law nor any contractual restriction, and without violating third-party copyrights. The unauthorized reproduction of textual and other contents, from media such as the Internet, television, magazines, or books, is forbidden. However, in the case where a prior authorization has been obtained from the rights owner, this restriction does not apply.
- The copyright over the Contents published by the User, by the means of Contributions or other means, including among others images and text, is owned by the User. However, when the User sends Content, the User authorizes HiCal Team to use that Content free of charge and in an non-exclusive way.
- The User agrees to not exercise his/her copyright in the context of the Service.
Article 10. Exclusion of liability
- The User agrees to use the Application and the Service at the User's sole risk. To the maximum extent permitted by applicable law, the Application and the Service are provided "as is" and "as available", with all faults and without warranty of any kind, and HiCal Team disclaims all warranties and conditions with respect to the Application, and the Service, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of noninfringement of third-party rights, of non-interruption of the Service and of security. No oral or written information or advice given by HiCal Team or its authorized representative shall create a warranty. Should the Application or the Service prove defective, the User assumes the entire cost of all necessary servicing, repair, or correction. This clause of implied warranties or limitations on applicable statutory rights of a consumer can be applied partially, or not at all, depending on the applicable law.
- To the extent not prohibited by law, in no event HiCal Team indemnifies, and shall be liable for any direct or indirect, punitive, incidental, special, or consequential damage or loss, including, without limitation, damages for loss of profits or of opportunity, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use of the Service, or the delay of, or the inability to use the Service, regardless of the theory of liability (contract, tort, or otherwise), regardless of previsibility, and even if HiCal Team has been advised beforehand of the possibility of such damages. Despite the fact that this EULA does not allow for an indemnification from HiCal Team, if applicable laws allow for it, the Service being free of charge, the User cannot be indemnified of more than fifty United States dollars ($50.00 USD). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- In case of conflict or problem between the User and another User, HiCal Team declines any liability. In this case, the liability for the resolution of the conflict lies with the two Users, who can't claim for indemnification from HiCal Team.
- HiCal Team reserves the right to suspend or to end the Service. HiCal Team declines any liability in case of damage or losses, including due to modifications, suspension or end of the Service.
- HiCal Team does not have any influence over the environment of use of the Service by the User, and declines any liability about it.
- HiCal Team does not guarantee the fitness of the Service or the Application for a given purpose of the User, nor to have the expected feature, accuracy and usefulness, nor to be in accordance with the laws and regulations applying to the use performed by the User of the Service or the Application, nor to be free of bugs and typological errors.
- HiCal Team does not vouch for the compatibility of the Application with all computing devices, and considers that the User acknowledges the possibility that bugs of the Service can result from updating the Operating System of the computing device used to access the Service.
- HiCal Team does not guarantee, in the case where a bug appears, that that bug will be fixed by a software corrective from HiCal Team. HiCal Team has no obligation to support or maintain the Service.
- The User acknowledges that in some cases, the Application may require the download and installation of updates or new versions in order to continue using it.
- The User acknowledges that in some cases, updates or new versions can restrict or remove previous features of the Application.
- The User acknowledges in advance that all or part of the Service can be restricted by modifications of the EULA and of the policy of app marketplaces such as App Store or Google Play.
- Because of the nature of the Internet, being a non secure means of communication, HiCal does not guarantee that any communication performed through the Application or the Service will be necessarily secure.
- When the User downloads a Content, the User is liable for respecting its possible restrictions on use, reproduction and diffusion.
- In the case where a deletion claim over a Contribution has been made by another User or a third party, HiCal Team can decide to proceed to the deletion or not, and HiCal Team declines any liability for the consequences of that decision.
- In the case where the User has caused damages or losses to another User, in relationship with the use of the Service, or where there is a conflict with a third party, the User shall indemnify the caused damages or losses or solve the conflict, and cannot importune HiCal Team or cause damages and losses to HiCal Team.
- The User agrees to indemnify, defend and hold harmless HiCal Team from any liability concerning any claim, request, prosecutions or other procedures, and any resulting damage, loss, liability, cost and fee (including legal fees), intended by a third party in relation with or deriving from Contents published by the User, from access and use of the Service by the User, from violation by the User of the EULA, of an applicable law, set of rules or code, or third-party rights. In the case where HiCal Team has indemnified such third party, the User shall indemnify personally HiCal Team by his/her financial means and on his/her responsibility the entirety of the fees (including legal fees).
- In the case where the User has caused damages or losses to HiCal Team in relation with the use of the Service, the User shall indemnify HiCal Team by his/her financial means and on his/her responsibility the entirety of the damages, losses and fees (including legal fees).
- HiCal Team does not guarantee the accuracy of the informations published by other Users, and does not endorse them. HiCal Team declines any liability concerning conflicts and problems due to informations available through the Service.
Article 11. Notification of illicit content
- It is expressly agreed that HiCal Team intervenes in the quality of content host (hébergeur de contenu) in the context of the French law number 2004-575 of June 21, 2004 "For the Trust in the Digital Economy" (Loi n° 2004-575 du 21 juin 2004 pour la Confiance dans l'Économie Numérique). As such, HiCal Team has no general obligation to monitor the Content published on the Service by Users.
- The User can report an illicit or inappropriate content or behavior by contacting HiCal Team, in the manner described in the article "Means of communication". Any abusive report can itself be punished according to applicable laws, and can give rise to the suspension or the deletion of the User's account, without giving indemnification right for the latter and without prejudice to any possible lawsuit.
Article 12. Prohibition of transfer of rights
The User cannot, without prior written authorization by HiCal Team, transfer neither all or part of the User's license granted by this EULA, nor the User's rights and duties based on this EULA, to a third party.
Article 13. External services
- The Application, the Website and the Service may enable access to external third-party services and websites.The User agrees to use the external services at the User's sole risk.
- HiCal Team is not responsible for examining or evaluating the content or accuracy of any third-party external service, and shall not be liable for any such third-party external service. HiCal does neither represent nor endorse the external services.
- Data displayed by the Service and by external services, including financial, medical and location data, are for general informational purposes only, and are not guaranteed by HiCal Team.
- The User agrees not to use the external services in any manner that is inconsistent with this EULA or that infringes the intellectual property rights of HiCal Team or any third party.
- The User agrees not to use the external services to harass, abuse, stalk, threaten or defame any person or entity, and that HiCal Team is not responsible for any such use.
- External services may not be available in the User's language or country, and may not be appropriate or not be compliant with applicable laws.
- HiCal Team reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any external service at any time without prior notice or liability to the User.
Article 14. Compliance with the law
Nothing in this EULA derogates to the HiCal Team's right to comply with legal requirements concerning the use of the Service, or the informations provided by the User or collected by HiCal Team concerning such an use.
Article 15. Divisibility
Even when all or part of a clause of this EULA is deemed invalid or unenforceable under applicable laws, the unenforceable clause will be deemed replaced by a valid and enforceable clause corresponding in the best way possible to the intention of the original clause, and the other clauses shall remain fully enforceable.
Article 16. Non renunciation
Any renunciation, express or implied, by HiCal Team to enforce any clause of this EULA, shall not constitute or be construed as a waiver of such clause or of the right to enforce it at a later time.
Article 17. Entire agreement
This EULA constitutes the entire agreement between the User and HiCal Team concerning the Service, and replaces any previous and contemporaneous communications and propositions about the Service, whether electronic, oral or written, including the previous versions of this EULA.
Article 18. Reserved rights
Any right not expressly granted by this EULA is reserved.
Article 19. Means of communication
- The User can send any message or inquiry concerning the Service by sending the contact form made available on the Website, or by any other means specified by HiCal Team.
- By contacting HiCal Team, the User agrees to receive the reply to the User's message or inquiry by email.
Article 20. Governing law and jurisdiction
- The validity, interpretation and application of this EULA are governed under the French law. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
- In case of litigation, appeal and other conflicts between HiCal Team and the User, a French court will have exclusive jurisdiction.
Article 21. Language
This EULA is deemed to be concluded in French. English, Italian and Japanese translations have been created for accommodation only and will not be binding upon the parties.
Last Update on February 14, 2019